Top Five Head Injury Causes

by | Jul 19, 2022 | Injuries

Traumatic Brain Injuries are among the most serious wounds in the country. Every year, these injuries kill over 60,000 Americans. The victims who survive often have permanent disabilities. The medical bills associated with such injuries usually are in the hundreds of thousands of dollars. The pain and suffering they cause is difficult to calculate.

Additionally, head injuries are hard to diagnose. In fact, most head injury victims who visit hospital Emergency Rooms are sent home after a brief medical examination. As a result, their injuries get worse, and more difficult, and more expensive, to treat.

A Lexington personal injury attorney helps in both areas. Attorneys connect victims who focus on injury-related conditions. These professionals know how to diagnose and treat head injuries. Additionally, attorneys obtain the financial compensation these victims need and deserve. Most of the head injury cases we handle fall into one of the following five categories.

Motor Vehicle Collisions

Car crashes are, by far, the most common cause of head injuries. The motion of a wreck, as opposed to an impact, usually causes head injuries. When a victim’s head is thrown backward and forward, the victim’s brain slams against the inside of the skull. Impact head injuries are common in crashes as well. Even the most advanced restraint system cannot absorb all the force in a high-speed wreck.

Compensation is available if driver negligence caused a car crash. Basically, negligence is a lack of reasonable care. If motorists aren’t physically, mentally, and otherwise fit to drive, or if they don’t drive defensively, they breach their duty of care. Driver impairment, like fatigue or alcohol use, causes many crashes. So does aggressive driving, like speeding or changing lanes unsafely.

Falls

These incidents don’t involve nearly as much force as a high-speed wreck. However, fall victims usually have no airbags, seat belts, crash helmets, or other systems to protect them. Therefore, falls cause a lot of head injuries. Once again, the motion of a fall, as opposed to an impact, frequently causes such injuries.

Legally, property owners are responsible for fall injuries if they had a legal duty to provide a safe environment and they knew about the injury-causing hazard.

Most victims are invitees in Kentucky. If the victim had permission to be on the property and the victim’s presence benefited the owner, the owner had a duty of reasonable care. In this context, this duty includes ensuring that the property is safe and frequently inspecting it to ensure this standard is maintained. 

As for knowledge of the fall hazard, like a large sidewalk crack or a wet spot on a floor, a Lexington personal injury could establish actual or constructive knowledge (should have known).

Violence

A blunt force trauma blow to the head or a piercing injury, like a knife blade, could cause a violence-related head injury.

Legally, the same basic principles that apply in fall cases also apply in violence cases. Property owners must provide safe environments. This duty includes a responsibility to provide adequate security. If an evildoer takes advantage of a security lapse, like a burned-out light, and assaults a victim, the property owner could be financially responsible for damages.

The injury must be foreseeable (possible). Evidence of foreseeability includes prior similar incidents in the neighborhood and the nature of the business (e.g. is it a bakery or a bar).

Child Abuse

Usually, property owners aren’t responsible for child abuse. Battery, which is a harmful or offensive touch, is an intentional tort. These incidents often initially cause mild Traumatic Brain Injuries (mTBIs). So, these victims usually don’t know they’re hurt, because the symptoms aren’t too bad, at least initially. However, mTBIs, like all other head injuries, are degenerative.

Legally, these victims don’t have to file claims until they know the full extent of their injuries and they connect those injuries with a tortfeasor’s (reckless actor’s) wrongful conduct. So, no matter how much time has elapsed since the injury, these victims normally still have legal options, if they act quickly.

Athletic Contests

Sports concussions, or mTBIs, make lots of headlines. However, these injuries account for only a fraction of the head injuries in Kentucky. Frequently, athletes sign liability waivers. No matter what the waiver says, it usually doesn’t absolve the sports league or other governing body of legal responsibility. Typically, these waivers are take-it-or-leave-it contracts of adhesion, which are generally illegal in the Bluegrass State.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. Attorneys can connect victims with doctors, even if they have no insurance or money.